Originally Posted by
EalingGreen
Blanchflower,
You and those who share your opinion essentially base your case on the above analysis of Article 16.
And I accept in a technical sense, the language of the Article supports your interpretation.
However, I think we are all in danger of failing to see the wood for the trees. To go back to first principles, it seems to me obvious - indeed it is stated by FIFA in their Preamble etc - that the insertion of Article 16 (plus the re-working of Article 15) is specifically designed by FIFA to address not the Irish situation, but the Cape Verde/Qatari-Brazilian situation.
We know that must be so, since all this activity, Resolutions, re-drafting etc by FIFA was prompted by those cases. Therefore, the first step in understanding exactly what FIFA means with its new Articles MUST (imo) be to put everything in that context, not ours.
And if you try to apply your interpretation of Article 16 (above) to e.g. a Qatari-Brazilian, it simply doesn't work. That is, whether you consider such a player Brazilian, or whether you consider such a player Qatari, neither definition makes him someone whose "nationality (singular) entitles [him] to play for more than 1 country"
That is, how is your average Qatari entitled to play for more than one country (Association)? Or your average Brazilian? Quite simply, they are not.
Therefore, the only way in which Article 16 can extend its four conditions to these Qatari-Brazilians is if we interpret the word "nationality" (singular) actually to mean "nationalities" (plural).
And if we do that, then in the absence of either a specific exemption for the FAI, or a distinction between automatic birth nationality and suddenly granted nationality (neither of which exists), then I feel Article 16 MUST also be applied to those NI-born players who automatically have both UK and Irish Nationality from the moment of their birth. In which case, the four conditions also apply.
Otherwise, by their re-working of Article 15 and insertion of Article 16 (plus 17 and 18), FIFA will be failing to stop e.g. Qatar giving out Nationality (singular) to people born outwith Qatar from having to comply with one of the four conditions. And we know that FIFA's intentions in this area are the exact opposite!
All of which will explain for me the most puzzling aspect of this whole affair, namely the way the IFA and the FAI are both each confident their case has prevailed. That is, the FAI is relying on a narrow, technical interpretation of the Articles. Whereas the IFA understands, presumably from discussions with FIFA, that these Articles are intended to be applicable to all individuals who have more than one nationality, however acquired, including those born in NI.
Indeed, I am further persuaded by the IFA's case by two lesser aspects of this matter. First, Article 15 is re-drafted with an unusual English construction (imo), namely, "holding a permanent nationality that is not dependant on residence in a certain country". Qatari nationality is presumably not dependent on residing in Qatar for any period (otherwise we wouldn't have this problem of the Brazilians etc in the first place). And as we know, Irish nationality does not depend on living in any certain country, either.
Second, I do not think it coincidental that FIFA chose to frame their birthplace condition (the first of the four Article 16 conditions) with the phrase "born in the territory of the relevant Association". As such, this neatly sidesteps any problem with defining a country/nation/jurisdiction etc. Indeed, it allows them to retain absolute control over this, since it is they who determine what an Association is and what territory it covers.
As such, this reflects their policy always to maintain equally the integrity of each Association over every other, including the small or weak against the large, strong or, ahem, "covetous" ;)
Over to you.